In contract with gym, they won't cancel only freeze - Clifford Health Spa, Ashbourne Management

[Meetmebehindthemall]

I signed up for a gym around a year ago on a 12 month contract that asked you to give three months notice if you wish to cancel after that point (so 15 months being the mimimum you can stay with them).

 

The gym closed in April when the world went into lockdown and membership fees were frozen.

I paid eight months worth of the contract up until this point.

 

The gym has now reopened with restrictions in place that coincide with gov guidelines.

However because of this you can only use the gym for an hour at a time and the hours have been reduced slightly.

 

I am now wanting to cancel the membership on the basis of it not being what I originally signed up for.

I spoke to someone on the phone who said that isn't grounds for cancellation and they can freeze the account until I am ready to return but that's the best they can do.

 

What rights do I have?

I don't want to just cancel my direct debit and cause issues with owing them money

but I also don't want to keep freezing the account as it seems like it will never end!

 

Any advice would be appreciated!

[honeybee13]

Hello and welcome to CAG.

 

Could you tell us which gym organisation please? It could help us to advise you.

 

Best, HB

[Meetmebehindthemall]

Thanks honeybee13, yes it is with Clifford Health Spa, but Ashbourne Management deal with their payments. 

[honeybee13]

Thank you.

 

Site team member @slick132 is good on gym matters, I expect he'll be along to help later but we have other caggers who know about gyms as well.

 

HB

[dx100uk]

when did you last pay April?

when did you last use the gym?

 

stop using the phone!!

gym memberships dont appear on credit files so can't harm you

and gyms don't do court.

 

simply offer them ONE months membership along with your cancellation letter. they can't enforce 3 mths cancellation rule.

if they don't agree, ignore them totally.

 

dx

 

[Meetmebehindthemall]

Thanks for your response! I

last paid in March and went in maybe November of last year as I moved house in December a bit further away. 

 

I am trying to get access to my contract to check the T&C's but realise I lost my paper copy in the move.

The company are now claiming they sent it but they haven't.

 

 

[dx100uk]

forget about stupid contracts...it's the norm of 1mts across the board.

 

pers i'd do as i said and ignore them

stuff and all they can do.

 

1000's of like threads here to read

 

dx

 

[Meetmebehindthemall]

Thanks for this.

I will check out similar.

I'd rather not have them chasing me (or debt collectors) so this is stressing me out a bit! 

[dx100uk]

DCA's are NOT BAILIFFS

and have

ZERO legal powers on ANY DEBT - no matter what it's type.

 

dx

 

[slick132]

Sorry, only just seen this 

 

Cancel the DD via your bank immediately. You don't need their permission to cancel the DD and it's common for gyms and their admin companies to lie about what you can or can't do.

 

The gym or Ashbourne Mgt Services Ltd are wrong to require 3 months notice - this is unfair to you as a consumer. They'll complain, make demands, etc but they'll do nothing significant to affect you.

 

Keep us posted ..........

[Meetmebehindthemall]

Thanks for coming back to me on this.

 

I've reported them to trading standards since they are now not providing my contract with the t&cs (I stupidly lost mine when moving recently).

 

I have a feeling they are waiting until the gym can offer what it was able to originally (normal opening hours and longer time at the gym) but out of principle I want to cancel regardless, their customer service was shocking and the woman on the phone who I spoke to a few weeks ago ended up hanging up on my partner when they took over the call (as I was getting nowhere and don't do confrontation well!!)

 

Am waiting to hear back from them and have made them aware I'm taking it further. For the sake of 4 months payment left it's probably not worth the hassle but now I'm so tired of this that I'm not going to give in!

[dx100uk]

No stop ringing them

and give the money to us!!

 

you owe nowt.

 

Dx

[Meetmebehindthemall]

This was the only time I spoke to them on the phone and have everything else over email, though they are mostly all me!!

If they do call again (unlikely) I will request an email because they've been awful over the phone!

 

Thanks, hopefully I will hear from them soon!

[dx100uk]

why do you want to hear from them?

 

[Meetmebehindthemall]

So they will send my contract and I can confirm that they've gone against the terms and conditions. I guess I just want a leg to stand on if they kick up a fuss when I cancel!

[dx100uk]

ignore them.

[slick132]

Hi MeetMe,

 

We've been dealing with gyms and their admin Co's for many years. You're wasting your time tryng to get T&C's from them.

 

Arguing anything with them will change nothing.

 

Cancel the DD mandate via your bank and forget trying to get the gym or AMSL to "allow" you to cancel the m/ship. It is your right to do this in your present circumstances.

 

AMSL will say you shouldn't have cancelled and will then "add" admin fees but that does NOT mean you owe them a penny. Any such dispute will not result in any legal action or damage to your credit reports.

[Meetmebehindthemall]

Just want to provide an update on here: after sending another email this morning confirming I will be cancelling my DD they have advised my membership has now been cancelled as requested. Yayyy! 

[slick132]

Too early to celebrate, yet. The gym may have accepted the cancellation but .........

 

......... do not be surprised if AMSL, the gym's admin Co, make further demands saying you failed to give the correct notice.

 

If they make any such demand, don't reply to them at all, but come back here to tell us what they're saying.

[Meetmebehindthemall]

Sorry should have specified, it was Ashbourne who confirmed it had been cancelled.

 

Would I need to advise the gym separately? 

[slick132]

Good that AMSL have acknowledged the cancellation but ...........

 

......... I still stand by what I said above. Iwouldn't be at all surprised if AMSL make demands for more money re cancelling without notice.

 

Just keep us posted though.

[Meetmebehindthemall]

Ah ok, that's a good point... would they be a position to do that having confirmed that the membership has been cancelled? I mean, I wouldn't put it past them by how they've acted so far but I have email confirmation so would have thought that would be sorted. If they'd asked for a months notice I would probably pay it to get them off my back but they didn't! 

[slick132]

Being objective, it could be that they accept you've cancelled the DD mandate and you can no longer access the gym.

 

But that does not rule out them arguing that you cancelled early or without the notice they require.

 

Let's not second guess though - let us know if they come after you for more, or if they let it rest.

[Meetmebehindthemall]

Hm yes that's true, hopefully they will leave it be now! Would I also need to inform the gym?

[dx100uk]

no you go radio silent on everyone.

 

stop thinking anyone has anyway to cause you issues anywhere.

 

dx